Malicious intent the way I am using it means that the culture/society in which the food is being prepared has blatant disregard for any respect towards the animals they will be eating because they have their own traditions that they feel trump any sort of acquiescence to animals they are slaughtering. Does that really apply to western factories? No, not really unless you stretch the truth a lot.
It is a freak occurrence when it only happens to 1 out of every 100 or 1000 chickens. You just said it happens to quite a few of them. Unless I am misunderstanding the term quite a few doesn't mean majority or even close to it. What you are describing isn't what the method is supposed to be. The method is supposed to be to sedate them so they don't feel pain when they are killed. That shows that the culture respects the animal even when it is implemented badly. Purposely slicing it when it is still awake and not caring just because it is religious tradition and "god wants it that way" is malicious to the animal because they are purposely refusing to respect the animal.
Also, workers at the factory who don't care != society. The religious communities want to adhere to kosher rules and don't care about the animal or how much it feels pain. Western factories have government mandated and culturally acceptable ways of attempting to lessen or negate the pain for the animal. Just because the process might actually suck and actually does hurt a lot of the animals and just because the workers themselves might not care because they are desensitized from working there doesn't mean that suddenly both groups are on equal footing. One group is taking measures, the other group isn't.
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